Please carefully read the terms and conditions ("Terms and Conditions") of the www.audiotext.com site ("Platform") owned by ATX EXPRESS LTD, a company organized and registered under the laws of Cyprus, headquartered in Nicosia, The Riverside Forum, 2A Cheilonos St., 2nd floor, zip code 1101, Cyprus, TIN number 10383395Z, represented by Bileca Razvan ("Company"). The Company is engaged in telecom industry and through its Platform and email address email@example.com is providing International Premium Rate Number services to natural persons agreeing to the present Terms and Conditions.
In case: YOU FULLY AGREE with the Terms and Conditions of the Site, you must check the box next to the words "I READ AND ACCEPTED THE TERMS AND CONDITIONS" on the Platform. Your use of the Platform will attest your acceptance of all Terms and Conditions provisions. The Terms and Conditions have contractual value, representing the contract governing the relationship between the Company and the user of the Platform ("User"), a contract that is accepted by the User of the Company by simply using the Platform. The User is a natural person that wishes to provide to the Company telephony traffic services to the International Premium Rate Numbers allocated ("Services"), in exchange for the paid fee by the Company, as presented in the Terms and Conditions. Acceptance of the Terms and Conditions is expressly conditioned by the acceptance of all terms and conditions, expressly excluding any other terms and conditions. Considering that these Terms and Conditions are considered by the Company the contracting offer, the acceptance of the offer is expressly limited to these Terms and Conditions. IF YOU DO NOT AGREE with the Terms and Conditions provided by the Company, you have the obligation to immediately cease any request / use of the Services offered by the Company through the Platform. Terms and Conditions for using Platform and providing Services to the Company: The web page available at www.audiotext.com and all related web pages, such as the sections of the mentioned web page ("Platform") are owned and operated by the Company and accessed by you based on the following terms and conditions:
1.1. Carrier: a national or international telephony carrier or any other type of provider of telephone numbers and services;
1.2. Personal account: the account created by the User on the Platform;
1.3. Rate(s): the payouts or fees specified for each destination where numbers are available for allocation;
1.4. Platform: www.audiotext.com and all associated subdomains.
1.5. Personal data: name, address and banking information (IBAN as well as name of bank, location of bank).
1.6. User: natural person that has entered into the present agreement by agreeing the Terms and Conditions in order to provide to the Company telephony traffic services. The User must not be a resident of Iraq, Iran, Syria, Lebanon, North Korea or Cyprus.
1.7. Services: telephony traffic services provided by the User to the Company.
1.8. Terms and Conditions: the hereby agreement represented by the present terms and conditions agreed by the User.
1.9. Tipalti: is an accounting software financial technology business that provides consolidated accounts payable and remittance automation services for businesses requiring to pay their global providers.
1.10. Traffic: is represented by the calls that the client delivers to the numbers provided by the Company.
2.1. In order to provide the Services to the Company as per the present agreed Terms and Conditions, the User shall create a personal account on the Platform by undergoing either the quick registration or the full registration process.
2.1.1 For the quick registration process the User has to fill in the following information: email address. After the quick registration, the User can start running traffic.
2.1.2 For the full registration process the User has to fill in the following information: First, middle and last name, address, city, zip code, country, email address, bank name, bank address, bank branch name, bank city, bank province, bank zip, IBAN and SWIFT codes.
2.2. Mention must be made that the User understands and accepts the fact that in order to be eligible to receive remuneration for the received calls, the User has to undergo the full registration process.
2.3. After the quick or full registration process is complete, the User can then allocate an international telephone number which will be used by the User in order to receive and take calls during the timeframe exclusively chosen by the User without being conditioned in any way by the Company. In order to do this, the User has to access the “Test & Allocate” page.
2.4. Also, when using the “Test & Allocate” page, the User must choose the preferred billing cycle for each allocation from the list of available options.
2.5. The Billing Cycle refers to the timeframe during which received calls will be invoiced and paid out, as follows: the first number in the Billing Cycle indicates the duration of each billing cycle, and the second number indicates the amount of days that pass after each billing cycle ends until the Company must process the amount owed to the User for the calls received. For example: 7/1 Billing cycle means that calls starting on Monday at 00:00:00 GMT until Sunday at 23:59:59 GMT will be invoiced to the Company, and the Company must process the amount owed to the User on the next day. In this example traffic made in the previous week will be paid out by the Company to the User on each Monday.
2.6. Once the User starts using the number allocated through its account, the User fully understands and accepts that the Company shall route all calls received to that number, record all calls received and maintain accurate billing records.
2.7. The Company shall have the right to inspect, audit and analyze the aggregated data for fraud protection purposes for all the User's call records and to verify the accuracy of the information contained. Additionally, the call records will be used to verify the duration of each call and calculate the amount of fees for Services that have to be paid to the User.
2.8. The User understand and agrees that all calls received will be recorded by the Company and all corresponding records shall be archived by the Company for a period of 3 (three) years starting from the date of the call being performed.
2.9. During the received call, the User and/or his clients have to listen to the audio playback;
2.10. The User can track all his allocated numbers, along with the total amount of revenue generated in the current billing cycle by visiting the “My Numbers” page. The User can also choose to remove any allocated number from this list at any time, and the revenue generated so far by those numbers will still be paid out accordingly.
2.11. The User can track live calls at any time by accessing the “Live Calls” page. The calls that are active at that moment will be shown on the aforementioned page, with the origination and destination numbers, the current duration as well as the price per minute.
2.12. The Company puts at the User discretion tools to monitor, record, and analyze the traffic received.
2.13. The User can access the “Reporting” page to generate, view and download any traffic reports may the User want to.
2.14. The Company will maintain all financial records and the User will be able to access the financial information at any time by accessing the “Billing” page.
3.1. The Company will provide to the User access to the Platform without any time limitation to the best of its ability.
3.2. The Company may modify, suspend or interrupt at any time the User's access to the Platform, in whole or in part, including the availability of any element in connection with the Platform, without any notice. The Company reserves the right, in its sole discretion and without obligation to justify in any way, to refuse to grant access to the Platform to any person, at any time.
3.3. The Users, by simply accepting the Terms and Conditions, declare and guarantee to the Company that according to the relevant legal provisions they have the right to provide the Services and assume full responsibility for choosing and using the Services.
4.1. In order for the User to be granted and maintained access on the Platform, the User has the comply with the following obligations:
4.1.1. to hold an own bank account for automatic deposits of revenue.
4.1.2. to declare and pay the state and local taxes for the fees paid by the Company, including but not limited to income taxes.
4.1.3. to possess all authorizations and permissions for the use of the provided numbers.
4.1.4. to maintain a high level of quality towards the deliverance of the Services and their content;
4.1.5 to comply with the National Telecommunication’s Legislation (if applicable) as well as with the present Terms and Conditions.
4.2 The User understands that by using and accessing the Platform, the User will have no other rights upon the telephone numbers provided by the Company.
4.3 The User agrees to reimburse the Company in full for any disputes, fines or charges that the Company may incur as a result of the User failure to comply with rules and regulations set forth in this Agreement as well any local or international legislation.
5.1. The Company will pay the Client a fixed fee per each minute delivered on the User’s allocated numbers, as presented on the Platform.
5.2. The fee will be paid at the date set forth in each billing cycle only when the balance reaches a minimum of 100 USD.
5.3. If the User doesn`t reach a minimum of 100 USD in a billing cycle, the due amount will be reported in next billing cycles until the balance will reach 100 USD.
5.4. The fees will be paid through wire transfer to the bank account of the User.
5.5. All fees mentioned are exclusive of VAT.
5.6. The payments will be performed and processed by Tipalti on the name and on behalf of the Company.
5.7. Through the present Terms and Conditions, the User agrees expressly to allow Tipalti to use his personal data (name, address, personal identification number and bank account) for payment performance and for confirming the identity of the User with the User ‘s bank account.
5.8. The User remains solely responsible for the payment of the taxes and contributions due for the incomes arising from the Terms and Conditions.
6.1. The Company is promptly reserved to change any provision of the continuation of the Terms and Conditions, at any time. The continued use of the User Services, after the posting of the Terms and Conditions in the modified version on the Platform, constitutes an acceptance dependent or unconditional on the use of a respective modification.
7.1 In case the Company receives a fraud dispute from one of its carriers, the following procedure will prevail:
7.1.1 In case said dispute contains a documented proof of fraud it will be automatically accepted; in which case the Company reserves the right to refuse payment to the User for the disputed traffic. The Company will proceed to issue a credit note for the corresponding amount and remove said amount from User’s balance.
7.1.2 In case the dispute does not contain a documented proof of fraud, the Company reserves the right to withhold payment to User until the dispute is resolved.
7.1.3 In case the Company receives a dispute after it has paid out disputed traffic to the client, the Company shall reserve the right to withhold payment for corresponding amount from Users balance.
7.1.4 In case the User’s balance is not sufficient to cover the disputed amount, the Company shall reserve the right to put the client in negative balance until such time in which the User’s balance is back to positive.
7.1.5 Additionally, the Company also reserves the right to indefinitely withhold payment for any traffic it would identify as at risk of fraud until the Company collects payment from the respective carrier.
7.1.6 The Company reserves the right to pursue any lost revenue by any and all legal means at its disposal in order to recover any losses incurred, even if the User has ceased using the Platform.
8.1 The site www.audiotext.com (of which the Platform is a part) and all its content are protected by the provisions of Cyprus legislation on copyright and are created specifically for their use by Users when using and / or accessing the Platform, may be used with the authorization of the Company only in strict accordance with the Terms and Conditions.
All materials and information available on the Platform including but not limited to the content and graphics of the Platform, all content in text format, as well as technical sources of all services and facilities present and future, unless expressly stated another rights holder, belong to the Company and represent the Content of the Platform, and the rights (including the copyright) corresponding to them belong to the Company.
The term "Content" specifically includes source code, images, text, but not limited to them. The content of the Platform, regardless of the area in which it is located on the site and regardless of the type, may be used exclusively in compliance with the Terms and Conditions and for the purposes provided in the Terms and Conditions.
Any use of the Content of the Platform and / or the Services by third parties for purposes other than those provided in the Terms and Conditions may be made only with the written, express and prior consent of the legal representative of the Company. Thus, it is forbidden to copy, take over, reproduce, publish, transmit, sell, distribute in part, in whole or in part the content of this Platform or any part thereof made for purposes other than for the use of the Services in compliance with the Terms and Conditions. The Company reserves the right to sue any person and / or entity that violates in any way the above provisions.
9.1. The User is responsible for his entire activity regarding the Services or in connection with them. Any attempt by any User to fraudulently, abusively or illegally use the Services / Platform, or any attempt by any User to use the Services / Platform against the provisions of the Terms and Conditions or the interests of the Company or other Users, gives the Company the right to interrupts or suspends at its discretion the right of the User to use all or part of the Services or to access the Platform, without paying any compensation.
9.2. To the maximum extent permitted by law, the Company cannot be held liable in any way or measure for any actions performed by the User nor for the use in any way of the Services or any other activity related to the Content of the Platform or in connection with the Site or the Services.
9.3. To the maximum extent permitted by law, the Company does not assume the obligation and does not guarantee implicitly or expressly for the content of any kind of the Platform or for the faulty use of the Services by the Users. The Company will make all reasonable efforts to ensure the accuracy and reliability of the Platform and will endeavor to correct errors and omissions as soon as possible.
9.4. Users understand and agree that the provision of the Service may be affected by certain objective conditions, as well as that the Services, content and Platform are made available to Users according to the principle "as is", "as available", and Users use these services at their own risk.
9.5. Under no circumstances, regardless of the circumstances invoked, the Company may not be called to answer in connection with the Platform: (a) for any amount in addition to the amounts actually paid by to the User by the Company as a contractual price; (b) for any indirect damages, loss of profit, trade or other loss, resulting from the use of the Service. In no case, regardless of the circumstances invoked, the Company will not owe the User any compensation except within the amounts actually paid to the User by the Company as a contractual price.
9.6. Users understand and accept that the Company is absolved of any liability in the event of any outage, interruption, difficulty, malfunction or error in the operation of the Platform or numbers allocated to the Users, in the event of a technical error of any kind and any situation in which it would not prove certain that any errors or problems of a technical nature from those mentioned above are directly and exclusively due to the serious fault of the Company. In cases of force majeure, the Company and / or the operators, directors, employees, branches, subsidiaries and its representatives, are totally exonerated from liability. Cases of force majeure include, but are not limited to, malfunctions of the Company’s technical equipment, failure of the Internet connection, failure of the telephone connections, computer viruses, computer attacks of any kind and interference with malicious software, access unauthorized in the systems of the Site, operating errors, strike, etc.
10.1. The User undertakes to use the confidential information disclosed by the Company and vice versa only for the purpose of executing the agreement and only in connection with them. The Company has the obligation to keep the confidentiality of this information provided by the User and not to disclose it to third parties, regardless of whether or not these persons need to know that information.
10.2. Each party undertakes not to disclose the Confidential Information of the other party without the explicit and prior written consent of the other party.
10.3. "Confidential Information" does not include information that has become publicly known for reasons beyond the User's or Company’s control, or information that has been independently developed without access to the Company’s confidential information.
11.1. The Company may suspend the User’s account, access to the Platform or the entire agreement immediately, without prior notice, if the Company considers that the User violates in any way or to any extent the Terms and Conditions.
11.2. The User may cease the agreement by not using the Platform (and therefore not providing Services to the Company) as well as after requesting in writing to firstname.lastname@example.org that the account created on the Platform be deleted.
12.1. In case any of the parties will temporarily renounce the exercise of any right provided in the Terms and Conditions, this renunciation cannot be considered as a definitive renunciation of the respective right. The supplier will not be held responsible for any non-fulfillment of its contractual obligations in case of intervention of any cause of force majeure.
12.2. If any provision of the Terms and Conditions is declared void, that provision will be removed and replaced by another provision in the same spirit, so that the Terms and Conditions continue to produce the legal effects originally intended.
12.3. The rights or obligations provided by the Terms and Conditions may not be transferred in any way by the User to third parties, unless there is the written, prior and explicit consent of the Company in this regard. The Company reserves the right to assign to third parties the rights and obligations derived from the Platform without being necessary the consent of the User.
12.4. The parties agree that any disputes arising in connection with the Terms and Conditions or the provision of the Services will be adjudicated by the competent Court of Cyprus based on the law of the country of establishment of the Company.
12.5. The Terms and Conditions supersede any and all prior agreements or agreements, written or oral, relating to or relating to the subject matter of the Terms and Conditions and contain all agreements between the parties regarding the subject matter of the Terms and Conditions.
12.6. The Terms and Conditions do not imply the creation of any association or partnership between the User and the Company as a result of the Terms and Conditions, and the User has no authority of any kind to engage the Company in any way based on them.
12.7 In cases where due to international calling codes changes the Company cannot collect payments from its Carrier partners for number codes the User has allocated, the Company reserves the right to execute changes to the numbers the User has allocated in order to keep providing the service accordingly. As such, the Company reserves the right to delete, re-allocate or otherwise modify the numbers allocated by the User. Such changes will be communicated to the User beforehand whenever possible and in cases where this is not possible due to technical restraints then ATX Express will immediately notify the User of the changes applied by emailing the registered email address of the User.
12.8 The Company reserves the right to change its pricing without prior notice to the user. Such changes will be communicated to the User beforehand whenever possible and in cases where this is not possible due to technical restraints then the Company will immediately notify the User of the changes applied by emailing the registered email address.